Court of Appeal for Ontario
Date: 2018-04-03 Docket: C64244
Judges: Pepall, Brown and Trotter JJ.A.
Between
Liberty Silver Corp. Respondent
and
Liberty Insurance Underwriters Inc. Appellant
Counsel
John Nicholl and Kyle Magee, for the appellant
Geoff Adair and Gord McGuire, for the respondent
Hearing and Lower Court
Heard: March 29, 2018
On appeal from: The judgment of Justice Laurence A. Pattillo of the Superior Court of Justice, dated August 2, 2017.
Appeal Book Endorsement
[1] The appellant insurer renews before this court the same argument it advanced below. It again argues that there was no "Claim" against an "Insured Person" for a "Wrongful Act" nor was there a "Loss" within the Policy's definition of those terms.
[2] The application judge identified the relevant principles of interpretation. He considered each argument advanced by the appellant and gave detailed reasons for rejecting them. We see no error in his application of the governing interpretive principles to the language of the Policy or to his findings regarding the effect of the March 29, 2016 agreement between Liberty Silver and its legal counsel. Accordingly, the appeal is dismissed.
[3] The respondent is entitled to its costs of the appeal fixed at $16,000, all in.
S.E. Pepall J.A. David Brown J.A. G.T. Trotter J.A.